Luther Williams, Jr., Inc. v. Johnson

QUINN, Judge:

Appellant (plaintiff below) sought to recover $670 as liquidated damages under a contract for improvements on appellees’ home. Appellees’ defense was that the contract never came into existence because of an unfulfilled condition precedent. This appeal raises the sole question of whether the parol evidence rule required exclusion of all testimony regarding the alleged condition.

At the trial, Luther Williams, Jr., president of appellant corporation, testified that prior to the signing of the contract, he offered to arrange any necessary financing for appellees, but was advised…